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(영문) 대구지방법원 2019.05.09 2018고정1525
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 24, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Jeonju District Court on October 24, 2018, and the said judgment became final and conclusive on February 15, 2019.

On May 2, 2017, the Defendant posted a letter to the effect that “a sales of the C Game character character account” on the Internet “B” transaction website at an insular place, and said, the Defendant reported it to the victim D who contacted with the victim, saying, “I will transfer the character account if you send the price.”

However, the defendant did not have the above game account, and even if he received the price from the victim, he did not have the intention or ability to transfer the game account to the victim.

Nevertheless, the Defendant, by deceiving the victim, received 1,099,000 won from the F Bank account (Account Number: G) in the name of E on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Details of transfer, and details of passbook transaction;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records, written judgments, search pictures and outputs;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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